Distributing Data Brokers

Defining data brokers; Use cases for disrupting data brokers; Governance/regulations

Wednesday 4C

Convener: LaVonne R.

Notes-taker(s): LaVonne R.

Tags for the session - technology discussed/ideas considered:

Discussion notes, key understandings, outstanding questions, observations, and, if appropriate to this discussion: action items, next steps:

Possible definition (from Adrian): A data broker is anyone who has my data but doesn’t allow me to sign in and see it.  i.e., someone who has my data but with whom I have no relationship.

Recent FTC report on data brokers list 3 kinds:

• Marketing/Ads data brokers
• Risk/Fraud prevention data brokers
• People Search

Is data brokerage an activity or a kind of company?

Major areas of concern include:

• Repurposing of Data (collected for a seemingly innocuous purpose, then sold and used elsewhere to profile with adverse impact)

• Whether or not consumers want transparency or control (or both)

• No disincentives for brokers and minimal barrier to entry

• Little to no transparency; no standard of ethics

Is there any interest in setting up a working group to compile a data broker code of conduct?

ISO cloud service rules depend on service provider control policies.  For example, Amazon isn’t considered a broker in those rules, but companies that use Amazon may be.

FCRA was created for the purpose of regulating uses of data and disclosures by granters of consumer credit.  Allows for a process to see data and challenge it.  Regulates the purposes for use like hiring decisions, insurance, offers of credit. The evolution of big data and modern data technologies is leaving new gaps in coverage in addition to the longer-term gap for uses of consumer credit info about the owner or team in small businesses.

Suggestion that a person could be allowed to approve every transaction involving the use of their data.  Question about whether or not this scalable.  Disagreement.  At least it would be good to provide consent receipts.

How can data subjects push for data transparency?

How can data subjects control their own data?

It might be good to analyze what brokers do well and ways to promote doing those things while doing good; Potential for new data brokers to differentiate on compliance with code of conduct

Discussion of the problem with the government selecting a particular company’s service, but granting that company an unfair advantage which they use to self-promote and market.  Example is the SBA’s requirement that business’s use their DUNS number when applying for grants or loans. Gives Dun & Bradstreet an unfair advantage in marketing to new businesses.  Those parts of the company could be separated.   CPNI and FCC regulations over the telecom industry do something similar by not allowing regulated entities like telcos to cross pollinate data from the regulated side to their marketing arms.

Started on discussion of use cases but ran out of time.

Participants signed up to engage in crafting a code of conduct.